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Damages

Money a jury gives to a party in a lawsuit to compensate for some injury. Damages may be divided into actual damages, which compensate for a real loss (such as the cost of repairing a car), and punitive damages, which penalize the other party. For example, a jury may require a defendant to pay $30,000 in actual damages to pay for the plaintiff's medical bills, and a further $100,000 to show how displeased the jury is with the defendant's actions.

damages

money awarded by a court to a plaintiff who has suffered loss at the hands of the defendant as a result of breach of CONTRACT or a TORT committed by the defendant.

damages

Compensation for an injury for which the law provides a remedy. Following are highlights of some of the law of damages as it relates to real property:

• The measure of damages to property is the difference in the value of the thing before the injury and after the injury. The cost to make repairs is usually not a valid measure of damages.

• Parties may not contractually agree to a penalty for default, such as late completion of a construction project. Penalties are illegal. Parties may, however, agree that the damages for default will be difficult to measure exactly, so they will agree to liquidated damages in a certain agreed-upon amount. This is the reasoning behind contracts that allow retention of the earnest money if the buyer defaults.

• In breach of contract cases, injured parties are required to take such actions as are reasonable to minimize their damages and will be denied any damages at all if they do not take such mitigation steps. If a tenant breaches a lease, the landlord must try to release the premises to another, and the value of any damages will be diminished by the value of the new lease.

• Consequential damages, which are damages not as a direct result of the wrong, but flowing from some of the consequences of the wrong, are recoverable only if the wrongdoer had some reason to know of the consequences. A person who allows something unsafe to remain on the premises (such as a wet floor) may be responsible for the injury to a guest who slips and falls. However, the person may not be liable for the consequential damages when the guest becomes addicted to pain medication.

• Punitive damages are intended to punish the wrongdoer and deter future similar conduct. Because of the preponderance of multimillion-dollar punitive damage jury verdicts in recent years, the United States Supreme Court has recently held that excessive punitive damages are a violation of the “cruel and unusual punishment” clause of the Constitution, and so may be reviewed in the federal court system and set aside even though the original lawsuit was brought in a state court system.

• Treble damages are allowed under many federal statutes rather than allowing the jury to calculate punitive damages.

• Damages received for personal bodily injury are not income and not taxable; other types of damages may be taxable depending on what they represent.

• Damages are recoverable for emotional distress. The addition of a claim for emotional dis- tress is often enough to trigger an insurance company defense of a lawsuit. Although there may not be insurance coverage for an award, it will pay for the lawyers.

References in periodicals archive ?
Two dams in Bataan reported a total damage of P15 million: Mangindong Dam in Dinalupihan had an estimated damage of P10 million and Balsik Dam in Hermosa, P5 million.
Damaged private property includes a CNG station at Faizabad that faced Rs12m worth of damages, Rs100,000 worth of damages to a furniture and fibre market, Rs91,000 worth of damages to a grocery store and Rs1.4m worth of damages to Crescent Furniture, a shop near the home of former interior minister Chaudhry Nisar Ali Khan.
The first thing an adjuster will want to know when assessing a home is how much of the damage is "deferred maintenance," meaning postponed maintenance on personal property, said Federal Emergency Management Agency spokeswoman Deanna Frazier.
It should be noted that the Industry Ministry allocated SYP 800 million to its companies and establishments as part of the 2014 emergency plan to repair as much damage as possible and maintain production in companies.
I measured systemic induced resistance after damage with weevil performance in no-choice bioassays.
The Common Ground Alliance (CGA), the leading organization focused on protecting underground utility lines and the safety of people who dig near them, announced that underground utility damages in the U.S.
When the Supreme Court capped punitive damages, the business community cheered vociferously.
The taxpayer first argued that the damages she received should be excluded under section 104 because she suffered from physical manifestations of her emotional injury.
Researchers would never purposely damage people's insulas to curb smoking addictions, Grant explains.
Would exclusions 2(j)(5) or 2(j)(6) on the CGL form apply to prevent coverage for damage to the electrical line and the concrete that mistakenly was cut?
Would storm surge--which is not mentioned by name in most carriers' flood exclusions--be excluded as flood or included as wind-related damage? What are the insurers' obligations when wind damage and flood damage both occur?
In 1996, largely in response to plaintiffs in employment cases excluding emotional distress damages, Congress amended Sec.